Notice of alibi
278.—(1)  In any trial, the accused may not, without the permission of the court, offer evidence in support of an alibi unless the accused gives notice of particulars of the alibi.
[Act 25 of 2021 wef 01/04/2022]
(2)  Without affecting subsection (1), the accused may not call a witness to give such evidence without the permission of the court unless the following conditions apply:
(a)the notice under subsection (1) includes the name and address of the witness or, if the accused does not know the name or address at the time the accused gives the notice, any information the accused has that might help find the witness;
(b)if the name or the address is not included in that notice, the court is satisfied that the accused, before giving the notice, took and continued taking all reasonable steps to find out the name or address;
(c)if the name or the address is not included in that notice, but the accused later discovers the name or address or receives other information that might help to find the witness, the accused immediately gives notice of the name, address or other information, as the case may be;
(d)if the accused is notified by, or on behalf of, the Public Prosecutor that the witness has not been traced by the name or at the address given, the accused gives notice immediately of the information the accused has or later receives.
[Act 25 of 2021 wef 01/04/2022]
(3)  Subject to any directions by the court as to the time it is to be given, evidence to disprove an alibi may be given before or after evidence in support of the alibi.
(4)  Unless the contrary is proved, a notice offered under this section on behalf of the accused by the accused’s advocate is regarded as having been given with the accused’s authority.
(5)  A notice under subsection (1) must either be given —
(a)to the court when the accused is first charged in court in relation to the offence for which the accused is raising the defence of an alibi; or
(b)in writing to the Public Prosecutor, or to the officer in charge of the prison where the accused is kept for the officer to forward to the Public Prosecutor, within 14 days from the date the accused is charged in court for the first time with the offence for which the accused is raising the defence of an alibi.
(6)  A notice under subsection (2)(c) or (d) must be given in writing to the Public Prosecutor.
(7)  A notice required by this section to be given to the Public Prosecutor may be delivered to the Public Prosecutor, or left at his or her office, or sent in a registered letter addressed to the Public Prosecutor at his or her office.
(8)  If the Public Prosecutor or any officer of a law enforcement agency interviews any witness who is named in a notice given under this section, the accused or the accused’s advocate is entitled to be present at the interview.
(9)  The court may not refuse permission under this section if no advocate appears to have been instructed to act for the accused at any time before the accused’s trial and if it is satisfied that the accused was unaware of the provisions of this section.
[Act 25 of 2021 wef 01/04/2022]
(10)  In this section, “evidence in support of an alibi” means evidence tending to show that because the accused was present at a place or in an area at a certain time the accused was not, or was unlikely to have been, at the place where the offence was committed at the relevant time.